Pet weight limit puts dog owner on the spot

August 23, 2012|Mark Pearlstein | Condo Adviser

The future of the condo owner's pet depends on the date that the board decided to enforce the pet weight limit. (Bill Hogan, Chicago Tribune)

Q: Last summer I was shopping for a condominium and the MLS listing stated a weight limit for dogs in a particular building. Before making an offer, I contacted the management company and was told that the association does not enforce a pet weight limit. I eventually purchased the condominium and registered the dog as required. A few weeks ago, I received a violation letter stating that the board had decided to start enforcing the weight restriction and I had 30 days to permanently remove my dog from the property. The dog exceeds the weight limit by three pounds.

Can the board force owners to remove their animals or would existing pets be grandfathered?

A: The MLS listing is not a legal document. Regulations of the association are found in the declaration and bylaws and rules and regulations. Your situation illustrates the importance for buyers to obtain a Section 22.1 disclosure statement enclosing the condominium documents and to read this information immediately.

The board of directors is required to enforce the rules. If management actually made this representation, it was improper.

You might have a waiver argument against enforcement of the rule if the board has failed to enforce this weight limit for one year or more. The board can enforce the rule prospectively against new owners. In this case, the future of your pet depends on the date that the board decided to enforce the pet weight limit.

Q: We are in the process of purchasing all six units in a condominium association. We believe it would be more cost effective to terminate the condominium association and simply own a six-unit rental building. What is the process for terminating the condominium association?

A: Sections 15 and 16 of the Condominium Act describe the process for terminating the condominium regime. You must obtain the approval of 75 percent of the ownership to sell the property. If you are purchasing all six units, I assume you have the consent of the current owners. Following your acquisition of the units, the owner may remove the property from the Condominium Act by adopting and recording an amendment to the declaration and bylaws. As the new owner, you must also dissolve the not-for-profit corporation that was the legal entity of the association.

Q: Does the Illinois Condominium Act address the right of first refusal?

A: Yes, indirectly. Section 20 of the Condominium Act discusses exemptions from the rules of property pertaining to condominium regulations. One exemption states that the rule restricting unreasonable restraints on alienation does not apply to defeat any provisions of the act. A board of directors can enforce a right of first refusal in a declaration under its power to impose restrictions on the use and maintenance of units. Although many declarations contain this right, no less than two-thirds of the ownership must approve the exercise of this first option to purchase or lease a unit. The exercise is easier said than done.

Q: At a recent board meeting, the directors adjourned to go into executive session and customarily ask the ownership to leave the meeting. We now find out that after the executive session, and without the owners present, the board reconvened the open meeting to pass several motions in this second open session. Was the passing of these motions legal and transparent in your opinion?

A: The motions were legal, but not transparent. A board may adjourn to a closed session of an open board meeting. All matters discussed in the closed session that are subject to a vote must be done at an open meeting.

The proper procedure for the board would have been to hold the closed session at the beginning of the evening and then conduct all votes at the open meeting with the owners present.